The trademark landscape in Tanzania is bifurcated, meaning registration and renewal must be handled separately for Tanzania Mainland (Tanganyika) and Zanzibar. Mainland Tanzania’s framework is governed by the Trade and Service Marks Act, Cap 326, and its associated Regulations.
This article outlines the duration, requirements for renewing a trademark in Mainland Tanzania, administered by the Business Registrations and Licensing Agency (BRELA).
Trademark Duration and Renewal Timelines (Tanganyika)
The validity periods for trademarks in Mainland Tanzania differ between the initial and renewal terms:
- Initial Term: The initial registration for a trademark is valid for seven years from the filing date.
- Subsequent Renewals: Registration may be renewed indefinitely for successive periods of ten years each.
Renewal Window and Grace Period
- Standard Renewal: The renewal application should be filed within three months before the expiration date.
- Grace Period: A grace period of one month after the expiration date is provided for late renewal.
- Restoration: After the grace period, the mark may be allowed for restoration if justifiable grounds are presented.
The Renewal Process and Requirements
Key Renewal Requirements
A trademark renewal application in Tanganyika must be accompanied by the following:
- Power of Attorney (POA): A simply signed POA appointing a local trademark agent is necessary. Notarization or legalization is typically not required.
- Statement of Use: A declaration confirming the trademark has been in genuine use in Mainland Tanzania within the last three years.
- Reproduction of the Mark: A clear reproduction of the mark that has been used.
- Original Certificate (or Last Renewal Certificate): May be required to ascertain the correct renewal date.
Disclaimer
The content of this update is intended for general informational purposes only and does not constitute legal advice. It should not be relied upon without seeking specific legal counsel on any particular matter.
Author Details
The author is Sunday Ndamugoba , Partner, RIVE&Co he can be reached at sunday@rive.co.tz